The Comprehensive Guide to the De Facto Visa for Australia: Navigating Your Path to Residency
Applying for a de facto partner visa in Australia allows non-citizen partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This visa is a pathway to permanent residency and is available to both same-sex and opposite-sex couples.
Understanding De Facto Relationships in Australia
In Australia, a de facto relationship is defined as a relationship between two people (of the same or different sex) who are not married but live together on a genuine domestic basis. To be eligible for a de facto partner visa, you must have been in a de facto relationship for at least 12 months immediately before applying. This requirement can be waived if you have registered your relationship under a prescribed Australian state or territory law.
Types of Partner Visas
Australia offers two primary partner visas:
- Subclass 820 (Temporary) and Subclass 801 (Permanent):
- Subclass 820: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 801: This permanent visa is granted after holding the Subclass 820 visa for at least two years.
- Subclass 309 (Provisional) and Subclass 100 (Migrant):
- Subclass 309: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 100: This permanent visa is granted after holding the Subclass 309 visa for at least two years.
Eligibility Criteria
To be eligible for a de facto partner visa, you must:
- Be in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Have been in the relationship for at least 12 months immediately before applying, unless you have a child together or have registered your relationship.
- Be at least 18 years old.
- Meet health and character requirements.
Application Process
- Gather Required Documents:
- Proof of your de facto relationship (e.g., joint bank statements, lease agreements, photos together).
- Identification documents (e.g., passports, birth certificates).
- Health and character documents (e.g., police certificates, health examinations).
- Submit Application:
- Applications can be lodged online through the ImmiAccount portal.
- Await Processing:
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
- Receive Visa Decision:
- If approved, you will be granted the temporary Subclass 820 visa, allowing you to live in Australia.
- After two years, you can apply for the permanent Subclass 801 visa.
Processing Times
- 50% of applications: 10 months
- 90% of applications: 16 months
Processing times for partner visas can vary. For instance, the Subclass 820 visa has the following processing times:
These times are indicative and can change based on individual circumstances and the completeness of your application.
Common Questions
- Can tourists get married in Australia?
- Yes, tourists can marry in Australia. However, if you have certain visa conditions, such as Condition 8503, it could impact your onshore partner visa application.
- Can you apply for a partner visa without marriage?
- Yes, you can apply for a de facto partner visa without being married, provided you meet the de facto relationship criteria.
- How long does a partner visa take in Australia?
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances.
- Can I bring my partner to Australia?
- Yes, you can sponsor your partner for a de facto partner visa, provided you meet the eligibility criteria.
- How does the partner visa work in Australia?
- The partner visa allows your partner to live in Australia. It is a two-step process: first, obtaining a temporary visa (Subclass 820), followed by a permanent visa (Subclass 801) after two years.
Conclusion
Applying for a de facto partner visa in Australia involves meeting specific eligibility criteria, gathering necessary documentation, and understanding the application process. Given the complexities and potential processing times, it’s advisable to consult with a registered migration agent or legal professional to guide you through the process.
For more information, contact us for guidance specific to your case.
523 Responses
I am applying for an 820 visa with my Australian partner. I would like to know if these three things will effect getting our visa :
If we have only had an 8 month lease to show, but have lived with both our parents many times on three month visas will this be a problem? Over all we have almost three years of living with each other, but only a lease for 8 months, as the rest was with our parents (usa and australia)and don’t have too much documentation for this at all. We have been together for about 6 years. The second thing is we haven’t had a joint bank account until now (already submitted application) because we thought it wouldn’t make sense until now as we were always going back and forth between the states, aus, and nz. And third, we eloped about 8 months ago, and we don’t want immigration to think we did this for visas because we didn’t. It was because we couldn’t get our families together in a proper amount of time and didn’t want to spend the money on that. We have 6 years worth of photos, texts, and emails, along with evidence of each other spending time with friends and family. Thanks for any feed back! I hope this thread still works here!
The best way to answer this is to share with you my personal experience which is that genuine applicants get approved even though they have the very same problems you have indicated in your question.
What is the core issue is whether you and your partner have been in the genuine and continuing relationship. You obviously have scant or “not ideal” evidence in respect of the three issues you have mentioned above.
Equally you have some very plausible reasons why your supporting material is not as perfect as it could otherwise be.
You can still show that you meet the requirements for the grant of a partner visa based on a defacto relationship. You should use your individual statements as an opportunity for you both to properly and simply communicate to the assessing officer what your relationship is all about and why it is genuine for the requisite period. The supporting form 888s from family and friends should also address the genuineness requirement.
I hope this is useful.
Good luck!
Nilesh Nandan
Immigration Lawyer
Hi there.
I am a British citizen arriving on a 417 visa.
I have been with my Australian Girlfriend for 4 months and from the day i move to NSW we have been accepted on a lease for a place together. With in the first couple of weeks we will be registering our relationship and opening a joint bank account.
My question is this: I will be looking for Regional work in NSW in order to apply for my 2nd year WHV, however if that doesnt work out i am wondering how soon with regards to my 12 month visa being up should we apply for a defacto (820 + 801) visa?
Hi Nilesh,
Thank you for the informative information.
Background:
– My partner and i met and got together in Feb 2018.
– She lives in NYC and I live in Sydney
– Since then we been together for a few weeks every 6-8 weeks either me in NYC or her in Australia, or travelling together. This can all be evidenced via plane tickets, travel documents. During those times we have lived together albeit for only for that time.
– We have plenty of evidence of daily phone calls, joint friends, each other taking turns for paying for hotels etc when we travel, rent cars etc.
– She has now decided to move to Australia to be with me and we are investigating the different options for this to happen.
Question:
– The living together for 12 month condition on the defacto would appear to be an issue. HOWEVER is this negated by Registering a Relationship.
– If we can prove a relationship albeit a long distance relationship and get around the 12 month living clause by the Registering a Relationship would our application for Defacto visa be likely approved?
Thank you in advance.
Hi there,
I am currently on a temporary residency visa subclass 485 which expires in October 2019. I am planning to apply for defacto visa with my partner. We have already registered our relationship in August last year and started living together from November officially. We have our residential lease agreement from December which is is less than a year. We have also organised a joint account a month ago and paying our bills through the account. I was wondering when is the right time to apply for my defacto visa? I would further like to know if I have to apply for any other visa besides defacto visa prior to expiry of my current visa i.e. 485. Please advise further.
Hi Nilesh,
I am about to apply for the 820 partner visa. but have some doubts about whether we are eligible or not. We have been together for over 2 years, I believe we have a strong case (joint bank accounts, rented a house together for a year, travel together, registered our de facto relationship, ect.) our lives are pretty much merged, but…
We both left Australia in September (when my visa expired), we have been traveling for a while and now settled in Mexico (my home country) for 4 months. All this time he has been out of the country, hence not “regularly living there”. Also, he is American but arrived to Australia 8 years ago through a partner visa as well.
His relationship ended over 6 years ago.
Thank you very much for your insight. Looking forward to hearing from you.
Hi Nilesh!
I had a quick question! I am currently on a 457 visa. My partner is a NZ citizen, we have been together 2 years and we have sufficient evidence to lodge a 461 visa application.
I’d like to get off the 457 ASAP as my workplace is in a bad place financially. I know if I apply for the 461, I will have to stick to the conditions of my 457 until it is granted (which can take years).
I wondered if I go onto a BVE, what are the chances of me getting work rights granted, considering I will be losing my salary from my 457? I have been supporting myself in Aus for 5 years and there is no way we could live off my partners wage alone.
If I withdraw my 457 and then I don’t get my working rights, I will have to leave the country. ANY advice you can give would be much appreciated.
Thank you so much in advance!
Hi there,
I have an unusual query. My partner and I just received our Relationship Registry certificate in the mail, but have noticed they made a stupid mistake! They have put my partner’s Place of Birth as: “Pennsylvania, U.S.A, Queensland”. “Queensland” should not be there.
We have been waiting months for this certificate, and we want to apply for our Partner Visa ASAP. Applying for a correction on this document is apparently going to take another month! I am extremely frustrated, as you can imagine, as this is their error. Would it be sufficient for us to submit the application with the error as is, but still apply for a corrected document, and then upload this correction as soon as we receive it? What is your advice?
Thank you SO SO much in advance!
Sarah
Hi Sarah
Yes! Frustrating to get a document that has a mistake.
The immigration laws affecting visa applications for Australia are now quite unforgiving in relation to providing a bogus document or false or misleading information.
In the particular circumstances you have explained above I see no risk whatsoever in you lodging the relationship certificate that you have received.
If you are at all concerned, what you might get to do is indicate in a simple letter (which you might also upload) that there appears to be this particular mistake in relation to the document.
I hope this helps and wish you the very best in your immigration journey.
Nilesh Nandan
Special Counsel
MyVisa® Australia
MyVisa® Lawyers
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